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BROWNELL v. RASMUSSEN

No. 11928.

235 F.2d 527 (1956)

Herbert BROWNELL, Jr., Attorney General of the United States, Appellant, v. Einar RASMUSSEN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1956.

Attorney(s) appearing for the Case

Mr. Harold H. Greene, Asst. U. S. Atty., for appellant. Messrs. Leo A. Rover, U. S. Atty., at the time of argument, and Lewis Carroll, Asst. U. S. Atty., were on the brief for appellant. Mr. William J. Peck, Asst. U. S. Atty., at the time record was filed, also entered an appearance for appellant.

Mr. David Carliner, Washington, D. C., for appellee. Messrs. Jack Wasserman and Irving Tranen, Washington, D. C., were on the brief for appellee.

Before EDGERTON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Plaintiff-appellee obtained a declaratory judgment in the District Court that he "is not ineligible for citizenship upon the ground that he claimed exemption [from liability for service under the Selective Training and Service Act of 1940*] as a neutral alien," and accordingly is not subject to deportation upon the ground that he entered the United States illegally. When we previously heard this case, we were...

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